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UNITED STATES v. CACCIATORE

No. 354, Docket 73-2265.

487 F.2d 240 (1973)

UNITED STATES of America, Appellant, v. Frank CACCIATORE and 1463 Restaurant Corporation, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 14, 1973.

Attorney(s) appearing for the Case

Michael C. Eberhardt, Sp. Atty., Dept. of Justice, New York City (Paul J. Curran, U. S. Atty., John D. Gordan III, John W. Nields, Jr., Asst. U. S. Attys., and Edward M. Shaw, Sp. Atty., Dept. of Justice, New York City, on the brief), for appellant.

Irving Anolik, New York City, for appellees.

Before HAYS, FEINBERG and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from an order entered in the Southern District of New York by Lloyd F. MacMahon, District Judge, on August 17, 1973 dismissing an indictment, which had been returned July 3, 1973, "for failure to prosecute and for denial of a speedy trial", the sole issue is whether the district judge abused his discretion in ordering the government to proceed to trial the day after the only pretrial conference and in dismissing the indictment...

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